Judge Finds No Notice Condition To Support Dismissal Of Bad Faith Claim

CLEVELAND – Calling an insurer’s construction of policy wording related to the refund of unearned premium refunds “counterintuitive,” an Ohio federal judge on July 15 declined to dismiss a breach of contract claim brought in a putative class complaint (Estate of Frank Townsend, et al. v. Protective Life Insurance Co., No. 1:10-cv-2365, N.D. Ohio; 2011 U.S. Dist. LEXIS 77132).
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